The Omaha I Daily Bee.
i:st.aju.ihi:i:d .ruNE a?, i87i.
OMAHA, FRIDAY MORNING, JUNE 21. 1901-TEN PAGES.
SINGLE COPY FIVE CENTS.
DENIES THE INDIANS
Equity Court Turni Down lhir Applica
tion for Rottmining Ordir.
WYOMING LANDS TO OPEN AT ONCE
Freiidint'i PrtcUmation to Bt Fortboomiag
Within Tin Dtj3.
YHY JUSTICE BRADLEY KEEPS HANDS OFF
Gomidin JuJiciirj Without th Right to
Interfere
CONGRESS THE ONLY COURT OF APPEAL
f runner i:inetinent it InJiirliniN the
, llemedy Cnn Only 111! .Supplied
by the I.eRlslntlve llmly
Knelt.
WASHINGTON. Juno CO.-Justlcr Brad
ley, In the equity court todav, denied the
nppllcatlon of Lono Wolf and otner in
dlans for an order on the secretary of the
Interior to rcstruln him from opening the
Klowii. Comimche ami Arapahoe lands In
"Wyoming for settlement. While not going
Into the facta of thu tune, the court r.ciu
that the case wns puiely a political ono
with which the court had no power to deul
Counsel for the Indiana Rave notice of a
epcclal appeal to tho district court of np
penis.
Now that tho caso Is decided It Is believe!
that tho president In about ten days will
Issue hla proclamation opening to settle
ment tho Kiowa, Comancho and Apache
and Wichita lands.
Judge Bradley htjd thnt If the net of June
6, 1900, la violative of th.o treaty of 1S68,
tho remedy rests with conprcss, not the
judiciary. Ho said that the right of tho
IndlanH to the roiorvatlon 1b a possessory
one only; that tho wrong. If nuy, threat
ened by the execution of the act of Juno
6, 1900, Is n wrong to tho trlbo as a
tribe, and that no Individual member will
BUffer-nny Injury which will not be shared
In common by the other members. The do
clslon declares that the suit cannot he
maintained by members of the tribe as In
dividuals. ,
Justice- Bradley holds that theso Indians
aro tho pupils or wards of the nation; that
the duty providing for the maintenance,
civilization and education and of protect
ing and caring 'for them rests upon the
federal government, and Is committed to
Its legislative or political branch.
Ha holds that a question whether three
fourths of tho adult male Indiana signed tho
agreement, etc., was presented to congress;
that the ratification by congress Is neces
sarily a finding that tho nrgecment was
assented to by the requisite number of In
dians, and that there was no false or
fraudulent representation or Interpretation
and tli.it this decision by congress Is con
clusive upon tho Judicial tribunals. He
further holds thnt an act of congress and
a treaty are, under tho constitution of tho
United States, upon an equal footing; that
an act of congress will repeal a prior In
consistent act of congress; that the making
nnd enforcing of treaties are, undor our
constitution, committed to tho political
tranches of tho government, nnd that the
Judicial tribunals of tho country aro with
out authority to enforco treaty stipulations,
or to grnnt redress for wrongs Inflicted by
their breach.
DARK FOR JESSIE MORRISON
Evidence Introduced by Her Attor
ney In Murder Trial in
Ituletl Out.
KANSAS CITY, June 20. A special to the
BtP.r from Eldorado, Kan., says: Thus far
tho second trial of Jesslo Morrison on the
charge of murder Is very much against her.
The defense has not Introduced evidence, of
any consequence to support Its claim of sclf
defenao. Tho keen Interest which tho ac
cused woman takes In all the rulings of tho
court and the testimony of witnesses showB
her anxiety.
V'hat Is considered a very Important point
was gained by the state this morning in the
Tefusal of Judge Alkman to admit as ovl
deneo the clothing worn by Jessie Morrison
on tho day that sho Is alleged to havo given
the mortal wounds to Clara Castle. This
clothing Is cut and bloodstained. At tho
first trial It was all admitted to the Jury,
while tho clothing of Mrs. Castlo was ex
cluded. At this trial tho' situation Is tho
reverse. By nenrly all of their witnesses
so lar introduced the attorneys for Miss
Morrison havo sought to bring out two facts
that Miss Morrison showed no unusual cmo
tlon on tho mornlns: nf .tunn i,nfn-. tv.
killing of Clara Castle and that none of tho
roeniners of her family had ever nn tho
razor which Miss Morrison Is supposed to
Jime iitcd. Judge Alkman ruled continually
that questions on on effort to bring out
testimony of this kind v.rn nhi.u.iiniiki.
Miss Morrison was In tears frequently
morning. Her stepmothor and broth
era wero on the stand nnd while they
icswnea tho prisoner often wiped her eyes
iWhllo ho was on the stand this morning
Judge H. H. Morrison, a venerable old man
described the Injuries which Jesslo Mor
rison received during her strucclo with
Mrs. Costln. There woro, ho bald, two long
cuis on ner neck, deepest In the loft side
one- on th.i breast, cutting through to thi
collar bono, ond threo cuts on the arm bo
tweon tho shoulder and elbow. Miss Mor
rlson's attorney asked Judgo Morrison wha
statement hli dauchter hurt nmrin ivh, ,.
returned to her home, after the fatal visit
to mo nome oi uun Castlo. Counsel for tin
atate objoctcd and tho objection was sus
talned,
Jesslo Morrison took tho stand In tho
arternoon In her own dofouee and In reclt
Ing the story of her fight with Mrs. Castle
fcroko down and wept. Tho court room was
literally jammed with spectators.
Miss Morrison told of her movements
the day of tho murder. $he wag solng ,rom
ner own nomo to thnt of a friend's on
jn passing Mrs. castlo, tho latter had
rappea on the window and called "Jess
.omo nore, i want to speak to you," Sho
related the conversation that, foil
Mrs. Castle, In which the latter accused
ner. or running after her husband. i.'inii
Mrs. Castlo hnd called her a liar and struck
at ner throat twice with a razor. Mlei
Morrison said she screamed and drow away
Then Mrs. Castle struck her on th hr,.n.
and arm with tho razor, they struggled
mi ieu io lne floor. Then, Mlsa Morris
aid, she got possession of h n.nr
"What happened then:" asked the at
torney,
"Well," said Miss Morrison, tears com
log to her eyes, "then I cut her with the
ror.
HANNA SPEAKS FOR PEACE
Mionuly I'i-rpr llnrmnny In Iteptib
Hl'iiii It ii lit. nt Ohio County
Com eiitlon,
CLEVELAND, O., Iuiih 20. Contrary to
general expectation, harmony prevailed at
the republican county convention today.
Senator Hannn occupied a scat on the plat
foim and made a strong speech In favor
of peace between the two factions of the
party,
"Seldom has there been any campaign,"
ho said, "of such Importance as last year,
bearing on questions of such moment, and
this year It Ih the same. It will have great
bearing on tho president's work and we
should uphold hltn. This year we elect
n legislature to chooiu tt successor to my
dlstlngi ', -I colleague. Senator Foraker,
nnd w? I,;ifi ' unlud In the demand
that ho in. "'(' ., rn legislature that
chooses his sun,. re-dlstrlct
Ohio nnd on this hni. , -.J of at
least five members of Ohio's ... ,' atlon to
congress.
"It Is needless to tell what the repub
lican party has done for tho country In tho
last few years. It Is not necessary for me
to placo McKlnley In first rank of presi
dents. Ho Is not only president, but a
fellow citizen and frlc:id. If anything
would please him It would bo that this talk
of harmony la not superficial. For my
self, such a wish comes from tho bottom
of my heart.
"Tho republican party has honored roe
beyond my merits. In 1SD6 I felt on tho
turn of events hung tho prosperity and
the success of our country. New Issues had
been raised and many honest republicans
were led astray.
"No argument Is so Btrong as an object
lesson. Tin republican party promised tho
country If McKlnley were elected on tho
St. Louts platform all promises of pros
perity would be fulfilled. They were ful
filled. The renewed confidence of tho peo
ple enme with tho fulfillment. Let us
give notice to the opposition In Ohio and In
tho United States that tho republican ranks
nre filling up nnd preparing for tho b.Utlo
of 1901. Lot this be the notlco to tho stato
and tho United States."
The nominations subsequently made wcro
pretty evenly divided between tho two fac
tions of tho party.
MONEY DOESN'T REACH OMAHA
Tuo lings of It Aiiiuiik I'nellle Ex-
li rend Coiiipu ny's IiOnkon 111
StrmiKC Itobbcry.
TOLEDO, O., June 20. This afterrioon
several fishermen, while strolling along the
river two miles south of this city, dtscov
ered a large Iron safe on which was tho
namo of the Pacific Express company. Tho
door, apparently, had been battered In
with a hammer. On 'he Inside wero a
numhor of empty money bogs and waybills,
Tho police and local officers of the ox-
press company wero nt onco notified. Tho
express clerks stated thnt such a safo
was sent out of this city Tuesday night in
a through car on the Wabash for St. Louis
and Omaha, but declined to say what It
contained. There were tlx money bags In
the safo when found, four marked St. Louis
and two marked Omaha, They do not Indi
cate what their contents might have. boon.
It is believed that tho afe was stolen
Wednesday night, becauso of tho. fact that
near tho placo whore It was found a horio
nnd buggy which had been stolen ts
previous evening were also found. It Is
thought that tho men hauled the safe in
this rig.
It Is reported tonight that the safo con
talned $0,000 In gold, hut confirmation Is
lacking.
ST. LOUIS. Juno 20. Superintendent Ful
ler of the Pacific BxpreM company, when
scon tonight by an Associated Press rep
rcsontatlve, said that he had received no
advices from Toledo regarding the safe In
cident. If tho property of his company had
been tampered with ho would certainly
have been advised of the fact.
The description of tho safo found In
Toledo did not tally with thpso used by the
company on Its long runs. These aro bis
stool receptacles nnd aro riveted to th
floor of the car. Tho lren cafe picked ur
at Toledo might bo ono uscti by the com
pany between waystatlons.
LUTHERANS ARE STILL APART
Prof. Schmidt Tells the Nonvenlniis
In Convention Whnt mocked
the Joint Communion.
MINNEAPOLIS, Juno 20. Prof. F. A
Schmidt today tossed a bomb Into the meet
ing of the Norwegian Lutheran conference
It had been hoped that If somo' of tho doc
trinal questions could bo harmonized a
union might bo easily effected between the
present United church and tho old and
powerful'Norweglan synod.
Prof. Johnson, however, reported without
comment that tho Joint commission had sat
for threo days and had been unable to come
to any agreement.
Then Prof. Schmidt nroso nnd as a lone
minority In the commission announced that
he recognized no authority which could
muzzle htm. He stated that tho reports of
the United church hold fast to the principle
that tbeio was absolute certainty of salva
tion which was conditional on the faith and
conduct of tho Individual. The Luther col
lege theologians would not budge from their
position of election and predestination, and
neither side would yield an Inch. He asked
to bo excused from tho commission, but
there wbb not even a motion that his re
quest should bo granted, The lay delegates
will never consent to his withdrawal from
that body.
Tho committee on nominations reported a
largo list of recommendations, which were
formally accepted.
SHOOTS AT "BfSS" SHEPARD
Mexlcnn Anmiln Attempt to Take
Life of Mini AVIio Ilenutl
lleil AViiNlilnulon.
NEW YORK, Juno 20. A special to the
Times from El Paso, Tex,, says; Word
has been received from Chlahuahua that an
attempt has been mado to nssasstnate A
It. Shepard, who did so much to build up
tho city of Washington during the adminis
tration of President Grant. Shepard, after
leaving tho District of Columbia many
years ago, went to a small settlement In
the republic of Mexico, where ho since has
been engaged In the mining business, On
Saturday, whllo Mr. Shopard was away quite
a distance from his mlno at Batopllas, he
was shot at by a Mexican In ambush, the
bullet grazing his head. Shepard beat a
hasty retreat In the direction of the settle
tnent, 4? would-be assassin following and
keeping up a running fire. Luckily none
of tho bullets went truo to the mark and
the Intended victim finally reached the doo
nf his house.
Shepard has great Influence among the
Mexicans and Is almost a king In the little
town. As soon as the news of tho as
sault became known the settlement became
greatly excited. The neighborhood wa
searched for miles around and the follow
Ing morning the assailant was captured.
BARKER VERDICT IS DUE
Evidence All in aid Only Irgumiatt Art
to Com.
DEFENDANT'S SANITY IS CHIEF TOPIC
Hint nnd Itev. Keller' Mornllty. vrlth
Mr. llnrker's Veracity, Are All
tliut Last Witnesses Have
to Tell Of.
NEW YOItK, Juno 20. Tho case of
Thomas O. Darker, charged with the shoot
ing of Hcv. John Keller at Arlington, N. J
ast February, will go to tho Jury In Jersey
City tomorrow about 3 o'clock. A verdict
may reasonably be expected before night.
Ilcforo court adjourned this ovenlng the ev
idence was all In and nothing now remains
but tho argument of counsel and the Judge's
charge.
All parties to the Keller-Barker case wero
In court In Jersey City promptly today. Be
fore resumption of the trial thcro was a
whispered conference between Judge Blair
and tho lawyers In the case, the subject of
which was understood to bo. tho publica
tion In several papers of this city nnd New
Jersey of what purported to bo a sworn
statement by Mrs. Darker, wife of tho al
leged assailant, and what constituted, as
alleged, tho justification for the attempt
upon Keller's life In February of this year.
County Prosecutor Erwln opened the pro
ceedings by addressing tho court nnd stat
ing that tho published story of Mrs. Barker
had boon brought to htb attention and he
hoped tho court would take such action as
It deemed wlso In the matter. Tho county
prosecutor said to mako public such a state
ment at such a time was a violation of tho
line of conduct thnt had been laid down by
tho courts In such cases as tho one pending.
Mr. Van Wlnklo nf counsel for Barker re-
pllod that so far as any contempt was con
cerned the press might bo disciplined as the
court pleased. Mrs. Barker, he said, had
many friends. Sho was not on trial and
her friends had tho right to publish any
thing they saw fll. Personally ho and his
partner, Mr. Wall, and Mr. Barker had
nothing to do with the publication. Tho
court had power to do with the matter In
Its chnrgo to tho Jury ns It saw fit. Judge
Blair said be would talk to the Jury when
thj proper time came. He continued:
InvrntlKntliiK the iTimpern.
'There can be no doubt of tho motive of
the publication at this time. The court
will mako a rigid investigation of this rep
rehenstblc act nt tho proper tlrao and it
will bo thorough."
Miss Louisa Qermond, with whom Mrs
Barker has been living ever bIdco the
shooting, was the first witness called to
day. Miss Oermond said she had seen
Barker every day while ho lived In her
houso for two weeks before tho shooting.
Ho appeared much worried and could not
rend.
After Robert Wnrner and Frank II. Ben
nett, superintendent of the cable company,
had testified that they knew Barker as a
oulet and neaccable man. Lawyer Van Win
kle hero said that the defense closed Its
case. No attempt was made to present
Mrs. Barker' story of the alleged assault
In the form of a hypothetical question to
an Insanity expert, as had been supposed
would bo done. Rev. Mr. Keller was called
to tho stand In rebuttal. He said that on
tho morning of the shooting as he passed
tho east side of Beach street, Arlington, ho
did not see Barker or say to him, "Good
morning." This was objected to by the de
fense, but the court overruled tho objection,
Mr. Keller then denied that ho had seen
Barkor beforo he was shot or that Barker
had said "You d d villain, you outraged
my wife."
Keller Denies Dorrowlim Money.
"Did you ever outrage Mrs. Barker or
attempt to do so?" asked Prosecutor Er
wln.
The defense objected to this question
and Judgo Blair sustained the objection.
"Did you ever borrow, 8S from Mrs.
Barker?" the witness was then asked.
"I did not," he replied.
Witness was then asked concerning each
Item of alleged borrowed money, and in
each case answered that he had not bor
rowed tho sum mentioned. Ho said that
ho novcr owed Mrs. Barker any money
at any time. Mr. Keller said ho had paid
money to Mrs. Barker, but It was because
of threatening letters sent by Barker and
not because he owed anything. The minis
ter then denied that Mrs. Barker left tho
church because of an assault on her. He
said he know tho reason, but on objection
by the defense he was not allowed to tell
what It was. Mr. Keller then left the
stand, the defendant's attorneys having no
micstlons to mako on cross-examination,
Mrs. Sands, with wnom neuer Doaras,
testified that, among many, Mrs, Barker's
refutation for truth and veracity was bad.
She also said in reply to a question by
Barker's attorney that Keller did not pay
his board. Keller's reputation for truth and
honor, witness said, was good. Three other
women and a man testified that Mrs. Dark'
er's reputation for veracity was bad.
Mr. William R. Fisher, an expert In men
tal diseases, testified that' on February 16
ho saw Barker in the county Jail. Barker
on the advise of counsel refused to submit
to an examination as to his sanity. The
witness said that reviewing all tho clrcum
stances, tt was his opinion that Barker was
cane at the time of the shooting, February
3, and able to distinguish between right and
wrong. Witness had observed Barker closely
since the trial began and believed htm to
be sane.
Tlnrker'a Anility Discussed.
Dr, John D. McOlll, superintendent of the
police board of Jersey City, who accom
panied Dr. Fisher when ho went to the Jail
to seo Barker, corroborated tho evidence of
the preceding witness and said be believed
Barker to be sane.
Dr. J. Leonard Corning of Now York, an
expert In mental diseases, said Barker
showed no evidence of Insanity on cross-
examination. He would not agreo with
counsel for the defense on tho proposition
that Barker might have been Insane before
tho shooting and have recovered when be
saw the blood on Keller's faco. At this
point the rebuttal for the state rested.
Dr. Evans of Morris Plains Insane
asylum, called thy the defense, said he
found In his examination of Barker on
June 7 ovldence of Insanity, but he has
seen no evidence of Insanity In him during
this trial.
Rev. Mr. Hutchinson of tho Presbyterian
church. Arlington, testified that be had
nover heard Mrs. Barker's reputation for
truth and veracity questioned until after
the shooting. It was then called In ques
tlon.
This closed tho testimony. The defense
moved that the photograph of the scene
of Keller In bed be eliminated from the
evidence. The prosecution withdrew It.
The Judge said ho would limit the summing
up to one hour and a quarter on each side,
Adjournment was taken until tomorrow.
Trnnspnrt Ohio Arrives,
SAN KnANCIfirO. Juno "1 Tim trsns
port Ohio has arrived from Manila with
twenty-nine officers and 750 men of the
r oriy-cono inianiry.
FLASHES DEADLY IN INDIANA
Hlectrlc Storm Kills Tlircs, Injures
Many nnd Ilentro)n Much
ThrotiRliont the Stnte.
INDIANAPOLIS, lnd., Juno 20. Three
persons were killed and several Injured by
lightning during a severe electric storm
which passed over Indiana last night.
Tbc dead;
BEUT HATHAWAY, Idnvllle, lnd.
ritlAPt... t AOlftV IK v.,n nf
daughter of Harvey Larkln, Riley, lnd.
IRA SMITH, YoiingstoWn, lnd.
Injured:
Mrs. James Langdon, Kohoino. Ind,
paralyzed by lightning.
lames Parsons and son, Kokomo, terri
bly Injured by lightning.
Henry Ooodlovc, Idavlllc, stunned.
At Marlon tho First Presbyterian church
was struck by lightning and badly dam
aged. James Rowan's saloon wns struck
and partlnlly destroyed. Five men who
were In tho saloon were knocked senseless.
At Groentown tho loss w'lll probably reach
$40,000. At Roachdalo tho building occu
pied by tho Roachdalo Nows was entirely
destroyed.
At Mohtlccllo tho barn ot Bert Hathaway
was struck by a bolt of lightning and
Hathaway, who had taken refuge In the
building, was Instantly killed. The barn
and contents, Including seven valuablo
horses, was entirely consumed, causing a
loss of $5,000.
Hartford City wns visited by n terrific
wind and hailstorm this evening. Fifty
oil derricks were blown don and several
bull'JInji wcro damaged, causing a loss of
$25,000.
COAXING ITALIANS TO COME
Snntn Kc Hnlltruy Renins Working
Out Its Scheme to Colonise
Southern Vnlleys.
CHICAGO, Juno 20. The Record-Herald
tomorrow will say: Tho management of
tho Santa Fc rallway has begun to carry
out a vast colonization plan which will
result In bringing many thousand Italians
to this country nnd in locating them on
lands In southern California, New Mexico,
Oklahoma and Texas. Agents of the roads
have been sent to Italy' with literature
for distribution in the various centers of
tho peninsula. Theso books are in tho
Italian language and aro plentifully Illus
trated with views taken from picturesque
spots along the line ot the Santa Fo In tho
states and territories mentioned. Especial
effort Is to be made to colonlzo the San
Juaquln valley, which Is ono o'f the most
fertile grazing regions In the west.
It Is said to be the Intontlon of the com
pany to extend its colonization plans to
other countries In Europe after the Italian
agency becomes flourishing.
Regarding tho plan an ofllclnl of the com
pany had this to say: "We Intend to
bring over only the better class of Italians,
nnd we hopo to do a largo business from
Italy during the next, year. By establish
ing agencies there and having our men on
the ground we will bo nhlo to select our
Immigrants, to a certain extent, and bring
over only those who we feel sure will make
homes in tho western country."
SHI0T DOWN THE UNION MEN
Guards nt Maritime Mines In West
Virginia, Ilcpulxc Attack
of Striker.
MATEWAN. W. Va,, June 20. Strained
relations bctweep the union and non-union
miners hero have resulted In bloodshed. To
day several hundred union miners, who
wcro on strike, marched In a body against
the Maritime mines of this place, whero
non-union men wcro at work. They tried
to effect an entrance, but the operators,
with twenty guards armed wlh Winchesters
ocnina tnem, DiocKea tno entrance, rno
non-union miners were headed by Superin
tendent Labert and when tho previously
warned union men persisted In their de
mands ho gave tho command to fire. Fifty
shots were fired. Boyd Martin and Riley
Johnson were fatally shot and Sam Artrlp
was dangerously wounded. The union men
did not return tho fire, but dispersed wait
ing reinforcements.
All the union miners throughout Mingo
aro collecting to got here tomorrow. Serious
troublo Is expected when they again try
to effect an entrance to tho Maritime
mines. Sheriff Hatfield, a nephew of the
notorious "Cap" Hatfield, is on tho scene
with fifty deputies and says he proposes to
do his duty.
TAKE UP THE I0LA AFFAIR
Italian Cansal Wnntu Knnsns to Do
Sometlilnar, hnt Stanley Falls
to See It.
TOPEKA. Kan., Juno i0. Count Roswa
dowskl, Italian consul In Chicago for Illi
nois, Kansas and other states, has written
to Governor Stanley, calling nttcntton to
the ejection of twenty-three Italians from
the town of Iola by a mob ot American
worklngmcn on the night of May S, and
requesting that steps be taken to punish
the offenders and recover money and bag
gage that wero taken by the mob from the
Italians.
Governor Stanloy, replying, says:
"All questions of Internal policy touching
these matters must bo taken up with the
federal government at. Washington, as
under our form of government all powers ot
this kind aro expressly reserved to the
authorities of the United States."
The governor regrets the circumstances
at Iola, but states that he has no fund out
of which damages can bo paid. As to pun
ishment of the offenders, the county officers
at Iola have boon Instructed to Investigate
the alleged crlmo, nnd, it possible, bring
the offenders to trial.
WYOMING SOLDIER CAUGHT
George Rcker Admits KIIIIiik nnd
Narrowly Ml"e l.yuchliiK
by a Mob.
SALT LAKE, Utnh, Juno 20. A spcclnl
to tho Tribune from Rock Springs, Wyo.,
says that George Eckor, tho Philippine
volunteer who shot and klllod Deputy
Sheriff C. B. Holden nnd fatally wounded
Fred neardpn whllo resisting arrest, was
captured today. Eckor admits tho shoot
ing. Ecker narrowly missed lynching at
tho hands of a mob near Thomas Francis'
ranch. Ecker was takon to Evanston to
night and placed In the Jail there.
LOCOMOTIVE IS IL0WN UP
,
I nco m 1 n k Kimlne on Chicago Jk Alton
Explodes .car Kansns City
KiiRluecr Is Killed.
KANSAS CITY, June 20. Tho boiler of a
Chicago & Alton locomotive pulling an In
coming passenger train cxplodod at Blue
Cut, fifteen miles east of hero, this morn
Ing, killing the engineer, George Grew, and
perhaps fatally Injuring the fireman. None
of the passengers wero hurt. Grew was
scalded to death and Corlwey, fireman, was
burned severely.
BEE WINS IN MERTENS CASE
Suit for Damagti in Sum of $25,000 ii
Dimiiitd at Plaintiff1. Colt.
NO EVIDENCE OF ACTIONABLE LIBEL
tuilKe Ilnxler ttnles thnt The lire's
Publication Ilelntlve to Mertens
Wns n 1'rlvllCKcil Communi
cation, Sot Improper.
An echo of tho last city campaign was
heard In Judge Baxter's court, In which
the suit brought by Ernest Mertens ngnlnst
The Bee Publishing company and Its editors
for J25.000 damages for publishing an al
leged libel with respect to him whllo he
wns running for office, was dismissed at
the plaintiff's cost.
Tho trial of tho caso was begun Tuesday.
Mertens wont on the stand to deny the
truth of tho statements made In the paper,
although he admitted that he had refused
to pay his tailor bill, his doctor's bill and
his landlord, for various reasons and. had
neglected to pay his city taxes. Ho pro
duced witnesses, however, to show that he
wns nevertheless rated at fair to good
credit. In the commerctul agencies' books,
Most of the ttmo was taken up on argument
on a motion to Instruct the Jury to bring
In a verdict for the defendant, the ease
against Edward Roscwater having been dis
missed by consent ot tbc plaintiff's at
torney. Juilfrc Ilnxter Tulks.
Judge Baxter, in ruling on the motion,
spoke exhaustively on the question of
privileged communications, holding that thu
occasion ot a campaign made It a privileged
occasion for a newspaper to discuss not
only tho qualifications of a candidate, but
his public reputation and right to the con-'
fldence of the people. Ho further held that
tho article In question was on Its faco
temperately written, giving statements re
ceived from reliable- authorities and giving
Mertens tho benefit of his excuses for not
paying his bills. This constituted It a
privileged communication, making It In
cumbent on the plaintiff to provo actual
malice, and want of probable cause In order
to secure damages. Rcvlowlng tho evi
dence he showed that tho testimony of Mer
tens himself and of his witnesses not only
failed to show the existence of malice or
that Tho Bee published a willful falsehood,
but on the contrary that Tho Bee hnd
taken every reasonable precaution to as
certain tho facts and convey them to the
proper parties who were, by their votes, to
make a choice between tho candidates for
treasurer.
The Judge concluded by Instructing tho
Jury to return a verdict for tho defense,
making a clear victory for The Bee.
WANT ENGINEERING BUREAUS
Representatives of Arid West Draft
Dill Asking for Their '
Creation.
CHEYENNE,. Wyo.. June 20. (Special
Telegram.) At a Joint meeting of the state
engineers and congressmen tonight, a bill
was drafted providing! for the creation by
the states In the arid and seml-arld re
gion of engineering bureaus, which will
plan and construct, subject to the approval
of the secretary of tho Interior, all storage
reservoirs and Irrigation works. All moneys
received from the sale ot public lands shall
be held In trust for tho states In which
the said land Is sold, except that portion
used for school purposes, warrants upon
the land fund to be drawn by the state en
gineering bureaus.
The proposed bill submitted by the en
gineers was discussed at length by tho
congressmen, but owing to tho small rep
resentation of lawmakers present from tie
arid states, It was decided to take no
action at this time. A committee was ap
pointed, however, to call another meeting
In Washington Just prior to tho convening
of congress at which definite action will
bo taken, Tho congressmen present here
tonight favored the engineers' bill and It
will doubtless bo adopted and Introduced
Into congress.
ACQUITTAL FOR M. D. BEARD0S
Jury Denla with Hon ner Springs Odd
L alln WhA Titnt
A' viiu ii vvsau a w w a- LkUf
Treasure.
KANSAS Cm", Juno 20. A verdict of ac
quittal was brought In by tho Jury tonight
In the trial of M. D. Beardon, a
former Bonner Springs, Kan., postmaster,
who took a bag ot slugs placed under tho
steps of the Bonner Springs lodge hall by
Frank Warner, a banker of that city, who
had received a letter threatening to blow
up his bank with dynamlto unless he placed
$1,000 In gold at tho spot. Beardon Is an
Odd Fellow and on the night In question
bad attended a meeting of his lodge In Odd
Fellows' hall. In his statement today bo
told frankly of lying behind after the other
members had left, of seeing the bag under
the steps, of making off with It and being
confronted by a guard who shoved a shot
gun In his face. Curiosity and nothing else,
he declared, prompted him to take the Back.
Ho had seen It by mere accident. Ho In
sisted that until that night ho had no
knowledge of the letter written Warner.
A dozen witnesses who had know Beardon
for years testified to bis reputation for
honesty.
PITTSBURG LYER DITCHED
Tender Axle Ilrenks, Cnrs Are Over
turned and Four Persons
nadly Hurt.
GREENVILLE, Pa., June 20. By the
ditching of the Erlo & Pittsburg flyer at
Transfer this ovenlng four passengers wero
badly hurt, but none of them seriously.
Their names are:
Miss Hannah Smith, Greenville.
William J. Howard, Grcenvlllo.
Mrs. J. H. Snyder, New Castle.
Thomas Kane, Jamestown. Pa.
Juit aftor leaving the station the rear
axle of the tender broke, throwing the
tender, baggage car, express car and vestl-
buled coaches from tho track and turning
them over.
Movement of Ocean Vessels, June 20,
At New York Sailed Grosser Kurfurst,
fhr nremon. via Cherbourg: Aucusto Vic
toria, for Hamburg, via Plymouth und
Cherbourg; L'Aqultalne, for Havre.
At Rotterdam Salled-Statcndam, for
Boulogne and Now York.
At Liverpool Balled Commonwealth, for
Quecnstown and Boston. Arrived Majes
tic, from New York: Servla, from New
York. At Bremen --Arrived Kalserln Mnrla
Theresa, from New York.
At Iondon Sailed Marquette, for Now
York.
At Hamburg Arrived Deutschland, from
New York; Patricia, from New York.
At Yokohama-Sailed Indravelll, from
Hong Kong, for Ran Francisco.
At Queonstown-Salled-Germanic, from
Ltvcri'uui, lur iicw loric
CONDITION OF THE WEATHER
Forecast for Ncbrnska-Partly Cloudy
I; rids y and Saturday; Cooler Saturday;
Southerly Winds.
Temperature In O inn hit yesterdnyl
Hour. Dcu. Hour. Hew.
ft n. ni un 1 p. m S I
II n. m (Ml u p. in
7 n. ni ill! a p. it SI
M n. ni 'Ill p. m s.1
It n. in It ft p. iii S."
10 n. in 7!t II p. in N't
1 1 ii. in 7ft 7 p. lit HI
VI II 7t H p. m 711
II p. in 7H
PAT COMFORT DEAD IN TEXAS
I'nmoUN Sheriff of South Dnkotn Is n
Victim of the Oil Fever
Lciiti-x Wife In Omnhn.
BEAUMONT. Tex., Juno 20. (Special Tel
egram.) Pat Comfort, onco a scout with
Custer, later sheriff ot Deadwood, S. D.,
and afterward sheriff at Pierre, S. U died
hero today In the Sisters' hospital, ot
stomach trouble. Pat Comfort was one of
tho most widely known men In tho north
west. Ho achieved a wide reputation as
an Indian fighter, and his captures ot bad
men while acting as a pcaco olllcer brought
him additional fame. Reared on tho plains
with tht. prairie for hla homo, he would not
sleep In n house and whan he came here
to prospect for oil two months ago ho
bought a tent nnd lived In It.
Whllo Comfort was hundreds of miles
from the couutry, where ho achieved his
notoriety, his prowess as a scout and an
officer preceded him there, and Charles Wll
gus ot this city, who drove a stage In South
Dakota In 1S78, tells many stories of Com
fort's daring. Ho saya Comfort Is thu
man who arrested a robber after ho had
stolen 150,000 from the FlrsAKatlon.tl bank
of Deadwood. S. D., and that Comfort, with
two others, killed fourteen Indians on ono
raid, whllo In the icrvleo of tho govern
ment. "Ko man Is better known In tho Da
kotas than Pat Comfort." said Wllgus, "and
a braver man never lived."
Comfort's wlfo nnd son live In Omaha,
but ho had been acparnted from his wlfo
somo time prior to his death. Friends of
the deceased nro trying to reach his wlfo
by telegraph tonight. Comfort was a mem
ber of the order of Elks' nnd his body will
be burled by that order tomorrow, unless
a message from his wife should order tho
body sent to Omaha.
BILLION DOLLARS- DWINDLE
Capital of the (lueen MIiiIiik Com
pany of Month Dnkotn Does .Not
Ilcneli thnt Flicure.
NEW YORK, June 20. (Spoclal Tele
gram.) On the doors of two offices In tho
big Park Row buildings Is tho sign "Truc-Koll-Young
Mining Co." Thore a womnn
and a man with n black benrd were found
today and they unlocked tho door. The
woman said she was Estelle Truo-Nell. She
was faultlessly dressed, wears glasses and
Is mlddlo aged.
"I am ono of tho Incorporators of the
'Billion-Dollar Queen Mining company,' "
she said. "My daughter. Pearl Young, nnd
Oscar' Kelson am Ihn ntu kti
- - v..w ........ 1. . .luinuii D
namo was used for Incorporating purposes
In Pierre, S. D yesterday. We havo rain
ing properties all
our business is to buy nnd sell them. We
win aeai in goia, sliver and copper prop,
ertles and have a number of mines under
our control. As for capital, wo have
plenty of It. Our business will not bo
limited to mining properties. We have
iner things going on In tho business world,
roil may say that not a dniinr win k
handled by us. Every dollar that comes
In and overy dollnr that goes out will pass
through our banks,
"Our company Is not incorporated for
$1,000,000,000. Wo had to have n name
nnd so called it that. I will give out a
lurtner statement on Wednesday."
From St. Louis and Kansns Cltv enmn
dispatches saying that Mrs. True-Nell was
accused there of selling a Joplln (Mo.) mlno
whose ownership was questioned. A war
rant for her arrest was Issued, but she
Icrt St. Louis bofore It was served. Sho
was known variously ns Mrs. v. rimivn
and L. Zulcych and was called a spiritual
ist, clairvoyant and ralm reader.
FATHER REGAINS HIS CHILD
Frank Weyant of Lincoln Wins Suit
for Posaenslon of Baby
laughter.
NEW YORK, Juno 20. (Special Telo
gram.) After a long legal fight for the
possession of his 13-months-old daughter
Gladys, Frank Weyant, a wealthy ranch
owner ot Lincoln, today won his suit In
the appellate division of tho supreme court
of Brooklyn. The court reversed tho de
cision of Justice Maddox, who had dis
missed a writ of habeas corpus, Tho
child's mother died In tho east moro than
a year ago and Gladys was placed lu tho
care of her uncle, Henry Weyant of
Brooklyn. When she was 6 months old
her father decided to take her west with
him, but under advtco of a physician, who
said she could not stand the trip, her undo
refused to surrender her. Tho father then
appealed to the courts, with tho above
result.
FIRST THROUGH HELL GATE
Massachusetts, Ciiinmnnileil by Cup
tnln Mimney, Kstnhllshes Record
for Flrst-Clnns Ilnttleshlps,
NEW YORK, Juno 20. Without the as
slstanco of a pilot and to demonstrate that
a first-class battleship could bo navigated
through Hell Gate, today Captain Manncy
took the Massachusetts through tho rock
Imbeddod narrows. It was tho first tlmo in
the history of the navy that any commander
of a vessel of this class attempted the feat,
and tho river craft and shores were filled
with people to witness tho passing of the
ship. The passage- of tho mammoth fighting
roachlno through tho dangorous waters ot
Hell Gato successfully proves that In caso
of hostilities with a foreign nation a bat
tleship of tho tamo class as tho Massachu
setts, If It passed tho fortification at Wll-
lott's Point and Fort Schuyler, could re
peat thlo performance.
GETTING READY FOR KRUGER
lloer Sympathisers lu Xevr York (Jo
HlKht on Tilth Prepnrntlnii to
Hccelve Him,
NEW YORK, Juno 20. Prominent Boer
sympathuers are actively preparing to re
celvo President Krugor when he visits the
United States a few months henco. A con
forenco of pro-Boers, lasting sovoral days,
has Just been held In this city, at which
Charles D. Plerco, consul general of the
Orango. Freo State, was elected chairman
of the reception committee. Mr. Plerco
eald today that no definite plans had been
arranged so far and thU President Kruger
would not reach this country until late In
thj fall.
NOT BOXERS ALONE
ChtfiWi Eipsrt Ehowi Otbtr Killings ginc
Frtit'i Otptuie.
FIFTY INNOCENT TO ONE GUILTY MAN
Ootliis aid Farm Laborirs Sailer for
Eoxm' Dtedi.
MISSIONARIES REPORT THEIR LOSSES
Of ObriitlftiB, Thert Wtre 1G6 Kill.d in
One Minion.
HOW THE FOREIGN TROOPS BEHAVED
Sonic LniitliiK In mid Atxitit the City
After Arrival ol Relief Column
hut YuuUrcH Held
Aloof.
WASHINGTON, Juno 20. Tho report of
Major (Jcuerul Chun to on the campaign In
China has appeared for publication at tho
vnr departtucuu Among other matters it
contains special reports upon tho Russian,
Japanese, French and British troops; also
reports on equipment, supplies, etc., ot
foreign troops, and reports on dlllercut
expeditions.
Theso reports wcro made by United
Statin olllcer, nnd from a military view
they nro of considerable Interest, but all
tho main facts havo heretofore been pub
lished. Somo of General Chaffee's com
ments aro Interesting. At ono point he
says: "For nbout thrc-i weeks followlus
tho arrival of tho relief column at Peklu
tho condition in and about tho city aud
along tho lino of communication was bad.
Looting of the city, uncontrolled foraging
lu tho surrounding country mid sclzuro'by
soldiers ot everything a Chluumau might
have, such as vogetables, eggs, poultry,
sheep, cuttle nnd other articles, whether
being brought to tho city or found on tho
farms; Indiscriminate nnd general uupro
voked shooting of Chinese In city, couutry
and along tho line ot march, nnd tho
river nil this did not tend, as was natural,
to gain for the troops tho confidence of
tho masses, with whom It Is certain wo
havo no qunrrcl, but who wcro In need
of their labor.
"It Is safo to say that whero ono real
Boxer has been killed slnco tho capture ot
Pekln fifty linrmlcss coolies nnd laborers
on farms, Including not n few women and
children, havo been slain. No doubt tho
Boxer element Is largely mixed with the
moss of tho population, and by slaying n
number one or moro Boxers might bo taken
in."
General Chaffeo speaks of tho restraint
ho placed upon tho American roops. The
Jtpaneso commander also mnde It known
that general war on all classes was not In
tended. General Chaffee says ho opposed
entering the Forbidden City unless looting
was prohibited. This was agreed to and
ho thinks hut little looting haH been done
there, though nrllolou 'have been ottered for
sale sntd to havo been taken from the For
bidden City.
Missionaries' Louses,
E. O. Tewksbury of tho Congregational
Missionary society furnished General Chaf
fee tho following list of damnges done by
tho Boxers to Chlncso Christians or nd
horonts of tho Amcrlcnn Congregational
mission as a basis ot settlement:
Number killed, 166; houses destroyed, 1SI:
monoy, 16,160 taels; land formerly occupied
by missionaries, 96 acres; chapels, 19; cem
eteries, 20.
Major W. E. Cralghlll, reporting on the
Russian soldiers, says: "Tho Information
gained of tho Russian forces was meager
and unsatisfactory. No reply was mado by
them to your request for n statement of
tho location and character of their force
present In North China in connection with
tho relief expedition."
Ho speaks of tho excellent discipline of
the Russian troops, but snys their rations
wero of tho simplest kind. "They wero
Industrious foragers," ho adds. "They used
no tentnge, but lived In huts made ot na
tive matting."
Major Charles H. Mulr describes tho Jap
anese soldiers In detail and concludes by
saying:
"Ho receives almost no pay, but Is ac
tuated by Intonso patriotism. If Japan osn
keop the armament and equipment on a par
with Its soldiers It Is a most formldablo
ally nnd a most formldablo enemy."
Major W. E. Cralghlll also reports upon
tho French soldiers ns to nrms, supplies,
etc., but his commonts, like nearly all
others, nre omitted from the publication,
bolng represented by rows of asterisks.
Lieutenant Colonel J. T. Dlckman reports
upon the Germans. Ho says tho German
officers nre well educated and the troops
under good discipline.
The same officer reports upon tho British
troops. He speaks of tho painstaking de
tail In the mobilization nnd dispatch ot tho
expeditionary force. The discipline of tho
troops Is cxcollont. He also speaks in high
terms of the Inilan regiments.
Major W. B. BanlBter reports upon tho
medical departments of tho allied armies.
One Interesting fact mentioned Is that tho
British and Indian woldlcrs are not treated
In the field; hospltnl ships aro provided.
The Japaneso and German medical depart
ments are commended,
BRYAN ADVISES MARK HANNA
Thinks llepuhllcnn I'urty Should
Noiiilnnle HI in for the Next
President.
CHICAGO, Juno 20. William J. Bryan, In
a talk with Chicago newspaper men, said
today: "1 am for Mark Ilanna for the re
publican cnndldato for president next tlmo
and hopo the republicans will nnmlnato
him, but I'm not suro I can control their
convention."
"Who would be a good man for the demo
crats to nominate?" was asked.
"It's too early to talk about any man
for tho democratic nomination," said Mr.
Bryan. "I have taken up a life work and
bellevo I havo twenty years ahead of mo to
carry It out.'
TAX FOREIGN CORPORATIONS
New York Court Holds Those Llitblo
that Do lliislnesa In that
Htnte.
ALBANY, N. Y., Juno 20, Tho court ot
appeals handed down a very Important de
cision In the caso of tho people ex rel, A,
Kllpsteln & Co,, against James A. Roberts,
state controller, that a foreign corporation
la taxable on Its cnpltal stock undor the
corporation tax law of this state It It tran
sacts business In this state, although tho
business Is lu the nature of an Interstate
traffic. The caso will probably bo carried
to the United States supremo court tor
final determination
I
